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Titlesort descending Summary
Barney v. Pinkham

Plaintiff was was the owner of a certain roan mare of the value of $200; that, on or about the 21st day of April, 1888, the said mare became and was sick with some disease then unknown to plaintiff in kind and character; that, at said date last aforesaid, and long prior thereto, the defendant claimed to be, and advertised and held himself out to the public to be, a veterinary surgeon, and asked to be employed as such in the treatment of sick and diseased horses.  The court held that a veterinary surgeon, in the absence of a special contract, engages to use such reasonable skill, diligence, and attention as may be ordinarily expected of persons in that profession. He does not undertake to use the highest degree of skill, nor an extraordinary amount of diligence. In other words, the care and diligence required are such as a careful and trustworthy man would be expected to exercise.  The case was remanded for determination of further proofs.

Detailed Discussion of Nebraska Great Ape Laws Nebraska, like many other states, addresses the question of who may possess a Great Ape by reference to federal law. Nebraska's Nongame Endangered Species Conservation Act states that it is "unlawful for any person to take, possess, transport, export, process, sell or offer for sale, or ship nongame wildlife in need of conservation...." As with other states, Nebraska also has exceptions to the ban against possessing endangered species under its provisions concerning possession of captive wildlife. Great Apes do fall under the definition of "animal" in Section 28-1008, and are thus covered by the general ban against cruelty. The statute, however, carves out an exception for research facilities that meet federal standards.
Fackler v. Genetzky

Plaintiffs sued defendant for the death of their racehorses resulting from alleged veterinary malpractice.  The court held that a genuine issue of material fact as to whether veterinarian's actions comported with professional standard of care in treating racehorses precluded summary judgment.  However, the owners were not entitled to recover damages for their emotional distress as result of veterinarian's alleged negligent destruction of horses.  Nebraska law has generally regarded animals as personal property and emotional damages cannot be had for the negligent destruction of personal property.

NE - Assistance Animal - Assistance Animal/Guide Dog Laws

The following statutes comprise the state's relevant assistance animal and guide dog laws.

NE - Breeder - Chapter 18 - Commercial Dog and Cat Operator Inspection Regulations

This set of Nebraska regulations implements the Commercial Dog and Cat Operator Inspection Act. Any person operating a boarding kennel or acting as a dealer or commercial breeder shall have a valid license issued by the department in accordance with the act and regulations. The regulations adopt the specifications for the humane handling, care, treatment, and transportation of dogs and cats, the standards of the Animal and Plant Inspection Service of the United States Department of Agriculture, as published in 9 C.F.R. §§3.1 to 3.19, referenced in the Appendix. Section 007 also requires an attending veterinarian, veterinary care plan, and adequate veterinary care. The regulations also outline inspection and complaint procedures.

NE - Bridgeport - Title IX: General Regulations (Chapter 90: Animals)

These Bridgeport, Nebraska ordinances provide prohibitions and penalties related to dogfighting, cockfighting, bearbaiting or pitting.

NE - Cruelty - Article 10. Offenses Against Animals

This Nebraska statutory section comprises the state's anti-cruelty and animal fighting provisions.  The cruelty provision provides that a person who abandons or cruelly neglects an animal is guilty of a Class I misdemeanor.  Intentional animal cruelty results in a Class I misdemeanor for the first offense and a Class IV felony for any subsequent offense, unless such cruel mistreatment involves the knowing and intentional torture, repeated beating, or mutilation of the animal where such an act automatically results in a Class IV felony.  Animal means any vertebrate member of the animal kingdom, but does not include an uncaptured wild creature (which appears to exclude otherwise heinous, intentional acts to wildlife).

NE - Cruelty - Article 9. Livestock Animal Welfare Act

In 2010, Nebraska enacted the Livestock Animal Welfare Act. The act makes the intentional abandonment, neglect, or cruel mistreatment of livestock (bovine, equine, swine, sheep, goats, domesticated cervine animals, ratite birds, or poultry) a Class I misdemeanor (Class IV felony for subsequent offenses). Further, the act criminalizes "indecency with a livestock animal," which is a Class III misdemeanor. A person who is convicted of a Class IV felony under 54-903 (the abandonment/cruel neglect or mistreatment provision) shall also be ordered by the sentencing court not to possess a livestock animal for at least 5 years after the date of conviction.


These Nebraska statutes outline the state's dangerous dog laws.  Among the provisions include a requirement that the dog must be restrained when not in a secure enclosure on the owner's property.  There is also a requirement that owners must post warning signs on the property notifying people that a dangerous dog is present.  If a dangerous dog bites a person, the owner can be found guilty of a Class IV misdemeanor and the dog will be destroyed. 

NE - Dangerous Dog - 54-624. CHAPTER 54. LIVESTOCK .

This Nebraska statute provides that nothing in the state dangerous dog laws (sections 54-617 to 54-623) shall be construed to restrict or prohibit any governing board of any county, city, or village from establishing and enforcing laws or ordinances at least as stringent as the provisions of sections 54-617 to 54-623.